Avtar Singh alias Tarri vs State of Haryana

S.S. Saron, J.—Heard learned Counsel for the parties.

The petitioner seeks regular bail in a case registered against him on 7.7.2009 for the offences under Sections 15 and 16 of NDPS Act.

The FIR in the case has been registered on the basis of memo sent by Dalbir Singh, ASI, Police Station Ding, District Sirsa. It is stated that ASI Dalbir Singh along with other Police officials were in a Government vehicle in connection with night patrolling duty at Sangha road near Gurudwara Narel Khera. At that time, a car was seen coming towards the school of Narel Khera. It was signalled to stop. When the car stopped then the persons sitting near the driver seat succeeded in running away from the spot. He was recognized by ASI Dalbir Singh as Jagtar Singh (non-petitioner). The car driver was apprehended and he disclosed his name as Avtar Singh alias Tarri (petitioner). On checking the car it was found to be of Indigo make of white colour bearing registration No. HR-12G-7260. On account of the suspicion raised the search of the car was conducted which resulted in recovery of six bags of poppy straw (Chura Post) each weighing 20 Kgs. Sample of the contraband that was recovered was prepared and the six bags were taken in custody.

Learned Counsel for the petitioner has submitted that co-accused of the petitioner, namely, Jagtar Singh, who is stated to have run away from the place of occurrence has been granted the concession of bail vide order dated 14.9.2009 passed by the learned Additional Sessions Judge, Sirsa. It is submitted that the petitioner is shown to be arrested at the spot on 7.7.2009 and since then he is in custody. In fact, the petitioner was arrested from his house in the presence of respectables of the village and later he was implicated in the present case. It is submitted that the petitioner is not the owner of the car nor has any concern or link with the car.

Leaned counsel for the State has submitted that the petitioner was arrested at the spot and, therefore, he is clearly involved in the case and is not entitled to the concession of bail.

After giving my thoughtful consideration to the matter, it may be noticed that 120 Kgs. of poppy straw was recovered from the possession of the petitioner. The co-accused of the petitioner, namely, Jagtar Singh has been granted the concession of bail by the learned Additional Sessions Judge, Sirsa vide order dated 14.9.2009. In the said order, it was noticed that Jagtar Singh, co-accused was identified by ASI Dalbir Singh, who was known to him. Besides, the mobile phone and a pair of shoes belonging to Jagtar Singh were recovered from the car. Jagtar Singh, co-accused was arrested on 16.7.2009. It was observed that Jagtar Singh was not arrested at the spot though he was identified by the ASI at the spot but the said fact was to be ascertained by evidence to be led by the prosecution. The said accused-applicant, it was observed, was no longer required by the Police for investigation and the case rested on the testimony of the official witnesses and there was no apprehension of tampering with the evidence. The said accused-Jagtar Singh had been in custody for a period of more than two months. Therefore, he was granted the concession of bail.

The present petitioner is in custody now since 7.7.2009 i.e. for a period of about 7 months. He is also not required in connection with the investigation of the case. The case against him is to be established by leading evidence which is based on the testimony of the official witnesses. No other case is said to be pending against him. The petitioner cannot at this stage be said to be guilty of the offences attributed to him and there are reasonable grounds for believing that he is not guilty of the offence. Besides, keeping in view the fact that he is not involved in any other case he is not likely to commit any offence while on bail.

Keeping in view that the co-accused of the petitioner, namely, Jagtar Singh has been granted the concession of bail, it would be just and expedient that the petitioner is also granted the concession of bail.

Accordingly, the criminal miscellaneous petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned trial Court shall be admitted to bail.